Editing Constitution of the Netherlands (section)

====Chapter 2: Government====
Dutch constitutional doctrine holds that the [[Dutch Monarchy|King]] and [[ministerraad|ministers]] together form the government and this indivisibly, so that the King in any of his public acts always acting under ministerial responsibility is not the [[Head of Government]], but embodies it fully. The King ''is'', however, [[head of state]], and so a special paragraph is dedicated to the King in this quality.

=====§1: King=====
{{Main|Monarchy of the Netherlands}}

Article 24 stipulates that there is kingship and that this kingship is held by [[William I of the Netherlands]] and his lawful successors. Articles 25 and 26 regulate the [[line of succession to the Dutch throne]]; since 1983 female successors have equal rights to the throne. Further articles regulate [[abdication]] (Article 27); parliamentary approval of royal marriage on penalty of loss of the right to the throne (Art. 28); the exclusion of unfit possible heirs (Art. 29); appointment of a successor if heirs are absent (Art. 30 and 31); the oath and [[inauguration]] in the [[capital of the Netherlands]], [[Amsterdam]] (Art. 32); the age of royal majority at eighteen (Art. 33); [[Regent|guardianship]] over a minor King (Art. 34); declaration by Parliament of the King's inability (Art. 35); temporary relinquishment of the exercise of royal authority (Art. 36); [[Regent|regency]] (Art. 37 and 38); the membership of the [[dynasty|Royal House]] (in practice mainly consisting of members of the [[House of Orange]]) (Art. 39); its payment (Art. 40) and the organisation of the [[royal household]] by the King (Art. 41).

=====§2: King and ministers=====
Article 42 states the main principles of Dutch government: that it is formed by King and ministers (Subarticle 1) and that "the King is inviolate; the ministers are responsible" (Subarticle 2). Before 1848 the inviolacy of the King was interpreted as a judicial one: he could never be tried in court for whatever reason. This remains true, but [[ministerial responsibility]] implies there is since the revision of 1848 primarily a political inviolacy. This means that the King cannot act in a public capacity without ministerial approval: externally the governmental policy is always represented by the responsible minister who, should he feel that the King's personal influence in it threatens to become too predominant, has to resign if he cannot prevent it; what happens internally between King and ministers is the Crown Secret, never to be divulged.{{Citation needed|date=January 2014}} What little of it nevertheless has come to the public attention, shows that the common conception that the kingship since the reign of [[William III of the Netherlands]] has in fact been almost fully ceremonial, is not supported by the facts.{{Citation needed|date=January 2014}} Often it is assumed that there is a "derived ministerial responsibility" for all members of the Royal House.{{Citation needed|date=January 2014}}

The [[Prime Minister of the Netherlands|Prime Minister]] and the ministers are appointed and dismissed by [[Royal Decree]] (Article 43). Such decrees are also signed by the Prime Minister himself, who signs his own appointment and those of the others (Article 48). Royal decree also institutes the [[Dutch ministries|ministries]] (Article 44), which have tended to be very variable in number and scope, and [[minister without portfolio|non-departmental ministers]] (Subarticle 2), who officially have no ministry but whom in fact is assigned the necessary personnel and who sign and are responsible for a partial budget. The ministers together form the [[Ministerraad|Council of Ministers]] (Article 45), presided by the Prime Minister (Subarticle 2), which assembles (in fact weekly) to promote the unity of the general governmental policy (Subarticle 3). Though existing since 1823, this council has only been mentioned since the revision of 1983; its constitutional powers as such are almost nil.{{Citation needed|date=January 2014}} The proceedings are secret for a period of fifty years. Outwardly the council acts as if there were complete agreement between all ministers: the so-called "homogeneity". By Royal Decree are appointed [[staatssecretaris|secretaries of state]] (Article 46); these are subordinate to a certain minister who is fully responsible for their acts (Subarticle 2). All laws and Royal Decrees have to be [[countersign (legal)|countersign]]ed by the responsible minister(s) or secretaries of state (Article 47). The countersign has been mandatory since the revision of 1840. Since 1983 such laws and decrees also have to be affirmed by a signed affirmation; it is usually assumed these acts coincide. All ministers and secretaries of state have to swear an [[oath of purification]] (declaring to not having bribed anyone to obtain their office, nor having been bribed to commit certain acts when in office) and swear allegiance to the Constitution (Article 49).

The individual ministers do not have a (general) executive power, other than that which is attributed to them by special law.{{Citation needed|date=January 2014}}